Copyright
What is a copyright?
A copyright is protection for the expression of an idea, which is fixed, in a tangible medium of expression. Must be fixed. For example, an individual who fixed his or her expression about an idea and filed a copyright application will be protected under copyright law if there application is approved. Now, anybody can take an individual’s idea and express it another way. But, under copyright protection you cannot express the idea the same way the copyright holder has.
Fixing a copyright- Fixing a copyright is writing the expression of your idea on paper, or putting the expression of your idea on tape, photographing the expression of your idea, and any other way you can fix the expression of your idea.
To have your copyright application passed you must be really specific with the fixed expression of your idea. For example, if you are copyrighting a story you must be very specific about your characters, and the roles they play in your story. Always be specific when applying the expression of your idea that you wish to have approved for copyright protection. If the expression of your idea is very broad, your chances are slim in getting copyright protection.
Copyright Process
1)Choose the right copyright application for the work, I am submitting.
2)File the copyright application.
3)State the author, or the corporation that created the work on your application.
4)State the title (what is your work called) of your work on the application that applies to the work that you are submitting.
5)State the nature of your work on your application. Is it an entire book? Is it a Lyric? Is it graphics? Is it visual art?
6)Write the year that your idea was created on the application.
7)(Talk to lawyer about this, I am unsure about how this section works) Write the specific date of publication. To qualify here you need to have 250 copies of your work printed and being sold to the public to be considered published by the copyright office. Your work does not have to be published to pass for a copyright. Always copyright anything before you send a work, or an idea to someone else. Burn Convention- It’s a regulation between countries that protects copyrighted works in all countries that are listed within the burn convention. For example, let say you copyright your original work in England. Lets say that the US is a burn convention member. If someone violates your copyright in the US you can sue him or her even though you originally filed your copyright in England. This only applies to countries in the burn convention. Again, ask your lawyer about this.
If you sue someone for copyright infringement in court and win, then you will receive statutory and legal fee compensation. If you do not receive this compensation, then something is wrong. Very Important- You have 3 months from publication of your work to register your copyright for your work. If you publish your work, and do not register your copyright before the 3 month window. Then, if you sue someone for copyright infringement you will not receive statutory and legal compensation fees if you win. This is bad, for the reason being these expenses can run high.
Derivative Copyright- Basically this is the way a person obtains copyright protection for creating a work from a previously copyrighted work. For example, Puffy makes a song and he uses a beat from one of Michael Jackson's hits from the 80's. To create a derivative work you need to obtain permission from the original copyright holder. For example, Puffy cannot sample a Michael Jackson beat, and seek copyright protection for the new song he has created unless he has permission from Michael Jackson.
In addition, with a derivative copyright you can file an amended version of previously issued copyright number. For example, you already have filed and been approved for a copyright on your work. But, later on you decided to make some changes to your work. So, you can file an amended version of a copyright # and obtain copyright protection for the work with the new changes you decided to add on.
Copyrights
75 years- copyright for an individual 125 years- copyright for a corporation 100 years- for an anonymous work
It cost $430 to have a lawyer file a copyright application for you. If you make mistakes in your copyright application you can fill out CA forms to correct your mistakes.
Public Domain- Previous copyrights that have passed their life, and are now available to anyone in the public. The underlying work is not copyrightable anymore. You can take a public domain work and claim it as your own, but so can anyone else. Now if you take a public domain work, and make a movie, poster, or anything else with it. Then you can copyright what you did, but the actual work cannot be protected.
Quick Points It is recommended to register copyrights on an individual basis, not on a bulk basis.
Copyright law covers seven broad categories:
literary works - both fiction and nonfiction, including books, periodicals, manuscripts, computer programs, manuals, phonorecords, film, audiotapes, and computer disks musical works -- and accompanying words -- songs, operas, and musical plays dramatic works -- including music - plays and dramatic readings pantomimed and choreographed works pictorial, graphics, and sculptural works -- final and applied arts, photographs, prints and art reproductions, maps, globes, charts, technical drawings, diagrams, and models motion pictures and audiovisual works - slide/tape, multimedia presentations, filmstrips, films, and videos sound recordings and records - tapes, cassettes, and computer disks A copyrighted work may be used or copied under certain conditions:
public domain -- work belonging to the public as a whole--government documents and works, works with an expired copyright or no existing protection, and works published over 75 years ago; permission -- prior approval for the proposed use by the copyright owner; legal exception -- use constitutes an exemption to copyright protection--parody, for example; or fair use -- use for educational purposes according to certain restrictions.
Far Use for Teachers
Work or Materials to be used for Educational Purposes
Fair Use Restrictions for Face-to-Face Teaching Illegal Use without Explicit Permission from Creator/Author
Chapter in a book Single copy for teacher for research, teaching, or class preparation. Multiple copies (one per student per class) okay if material is (a) adequately brief, (b) spontaneously copied, (c) in compliance with cumulative effect test.
Copyright notice and attribution required. Multiple copies used again and again without permission. Multiple copies to create anthology.
Multiple copies to avoid purchase of textbook or consumable materials.
Newspaper/magazine article Same as above. Multiple copies of complete work of less than 2,500 words and excerpts up to 1,000 words or 10% of work, whichever is less.
For works of 2,500-4,999 words, 500 words may be copied.
Same as above
Prose, short story, short essay, Web article Same as above
Poem Same as for first item. Multiple copies allowed of complete poem up to 250 words -- no more than two printed pages.
Multiple copies of up to 250 words from longer poems. Same as above
Artwork or graphic image chart, diagram, graph, drawing, cartoon, picture from periodical, newspaper, or book, Web page image Same as for first item. No more than 5 images of an artist/photographer in one program or printing and not more than 10% or 15% of images from published collective work, whichever is less.
Same as first item
Incorporation or alteration into another form or as embellishment, decoration for artistic purposes for other than temporary purposes.
Motion media
film and videotape productions Single copy of up to 3 minutes or 10% of the whole, whichever is less. Spontaneity required. Multiple copies prohibited. Incorporation or alteration into another form as embellishment for artistic purposes for other than temporary purposes prohibited.
Music
-sheet music, songs, lyrics, operas, musical scores, compact disk, disk, or cassette taped recordings Single copy of up to 10% of a musical composition in print, sound, or multimedia form. Same as immediately above
Broadcast programs Single copy of off-air simultaneous broadcast may be used for a period not to exceed the first 45 consecutive calendar days after recording date. Use by only individual teachers.
This chart was adapted from Washington State University Guidelines.
Washington State University. (1997, October 22). Guidelines for educational use of copyrighted materials. Available: Washington State University http://publications.urel.wsu.edu:80/copyright/CopyrightGuide/copyrightguide.html. [7 November, 1998].
Here are several websites on copyright
http://www.lubbockisd.org/sfirenza/copyright/index.htm
http://www.ogc.caltech.edu/copyright_tutorial.htm
http://cops.uwf.edu/tutorials/technolo/copyrite/copyrite.htm